A BILL to amend and reenact §24-1-3 of the Code of West Virginia,
1931, as amended, relating to increasing the number of
commissioners on the Public Service Commission from the
current three members to five.

Be it enacted by the Legislature of West Virginia:

That §24-1-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 1. GENERAL PROVISIONS.

§24-1-3. Commission continued; membership; chairman; compensation.

(a) The Public Service Commission of West Virginia is
continued and directed as provided by this chapter, chapter twenty-four-a, chapter twenty-four-b and chapter twenty-four-d of this
code. After having conducted a performance audit through its Joint
Committee on Government Operations, pursuant to section nine,
article ten, chapter four of this code, the Legislature hereby
finds and declares that the Public Service Commission should be
continued and reestablished. Accordingly, notwithstanding the
provisions of section five, article ten, chapter four of this code,
the Public Service Commission shall continue to exist. until July
1, 2003. The Public Service Commission may sue and be sued by that
name. The Public Service Commission shall consist of threefive
members who shall be appointed by the Governor with the advice and
consent of the Senate. The commissioners shall be citizens and
residents of this state, from different state senatorial districts
and at least one of them shall be duly licensed to practice law in
West Virginia with not less than ten years’ actual work experience
in the legal profession as a member of a State Bar. No more than
twothree of the commissioners shall be members of the same
political party. Each commissioner shall, before entering upon the
duties of his or her office, take and subscribe to the oath
provided by Section five, Article IV of the Constitution of this
state. The oath shall be filed in the office of the Secretary of
State. The Governor shall designate one of the commissioners to
serve as chairman at the Governor’s will and pleasure. The
chairman shall be the chief administrative officer of the
commission. The Governor may remove any commissioner only for
incompetency, neglect of duty, gross immorality, malfeasance in
office or violation of subsection (c) of this section.

(b) The unexpired terms of members of the Public Service
Commission at the time this subsection becomes effective are
continued. Upon expiration of the terms, Appointments to the
Public Service Commission are for terms of six years except that an
appointment to fill a vacancy is for the unexpired term only. The
commissioners whose terms are terminated by the provisions of this
subsection are eligible for reappointment.

(c) No person while in the employ of, or holding any official
relation to, any public utility subject to the provisions of this
chapter or holding any stocks or bonds of a public utility subject
to the provisions of this chapter or who is pecuniarily interested
in a public utility subject to the provisions of this chapter may
serve as a member of the commission or as an employee of the
commission. Nor may any commissioner be a candidate for or hold
public office or be a member of any political committee while
acting as a commissioner. Nor may any commissioner or employee of
the commission receive any pass, free transportation or other thing
of value, either directly or indirectly, from any public utility or
motor carrier subject to the provisions of this chapter. In case
any of the commissioners becomes a candidate for any public office
or a member of any political committee, the Governor shall remove
him or her from office and shall appoint a new commissioner to fill
the vacancy created.

(d) The salaries of members of the Public Service Commission
and the manner in which they are paid established by the prior
enactment of this section are continued. Effective July 1, 2001,
the annual salary of each commissioner provided in section two-a,
article seven, chapter six of this code shall be paid in monthly
installments from the special funds in the percentages that follow:

(1) From the Public Service Commission Fund collected under
the provisions of section six, article three of this chapter,
eighty percent;

(2) From the Public Service Commission Motor Carrier Fund
collected under the provisions of section six, article six, chapter
twenty-four-a of this code, seventeen percent; and

(3) From the Public Service Commission Gas Pipeline Safety
Fund collected under the provisions of section three, article five,
chapter twenty-four-b of this code, three percent.

In addition to the salary provided for all commissioners in
section two-a, article seven, chapter six of this code, the
chairman of the commission shall receive $5,000 per annum to be
paid in monthly installments from the Public Service Commission
Fund collected under the provisions of section six, article three
of this chapter.

NOTE: The purpose of this bill is to increase the composition
of the Public Service Commission from three members to five
members, all of whom must reside in different state senatorial
districts.

Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.